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  • Eric McMillian v. Donnie Harrison, 4th Cir. (2014)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a §1983 civil rights complaint filed by Eric M. McMillian and Darryl LaFace while detained. The district court denied McMillian's request to proceed without prepayment of fees, finding he did not allege imminent danger of serious injury, and dismissed him from the action under 28 U.S.C. §1915(g). The appellate court reviewed the record and found no reversible error in McMillian's dismissal. The district court also dismissed without prejudice the claims raised by LaFace, and the appellate court affirmed as LaFace forfeited appellate review by not challenging this in his brief.

    Original Description:

    Filed: 2014-10-28 Precedential Status: Non-Precedential Docket: 14-6725

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a §1983 civil rights complaint filed by Eric M. McMillian and Darryl LaFace while detained. The district court denied McMillian's request to proceed without prepayment of fees, finding he did not allege imminent danger of serious injury, and dismissed him from the action under 28 U.S.C. §1915(g). The appellate court reviewed the record and found no reversible error in McMillian's dismissal. The district court also dismissed without prejudice the claims raised by LaFace, and the appellate court affirmed as LaFace forfeited appellate review by not challenging this in his brief.

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    Public Domain
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    2 views3 pages

    Eric McMillian v. Donnie Harrison, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a §1983 civil rights complaint filed by Eric M. McMillian and Darryl LaFace while detained. The district court denied McMillian's request to proceed without prepayment of fees, finding he did not allege imminent danger of serious injury, and dismissed him from the action under 28 U.S.C. §1915(g). The appellate court reviewed the record and found no reversible error in McMillian's dismissal. The district court also dismissed without prejudice the claims raised by LaFace, and the appellate court affirmed as LaFace forfeited appellate review by not challenging this in his brief.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6725

    ERIC M. MCMILLIAN; DARRYL LAFACE,


    Plaintiffs - Appellants,
    v.
    SHERIFF DONNIE HARRISON; CANTEEN FOOD SERVICES; SHAW FOOD
    SERVICES COMPANY,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever III,
    Chief District Judge. (5:13-ct-03259-D)

    Submitted:

    October 20, 2014

    Decided:

    October 28, 2014

    Before KEENAN and WYNN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Eric M. McMillian, Darryl LaFace, Appellants Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Eric

    M.

    McMillian

    and

    Darryl

    LaFace

    appeal

    the

    district courts order and judgment dismissing their 42 U.S.C.


    1983 (2012) civil rights complaint, which they filed while
    detained at the Wake County Detention Center.

    For the reasons

    that follow, we affirm the judgment.


    The district court first denied McMillians request to
    proceed

    without

    prepayment

    of

    the

    filing

    fee,

    found

    that

    McMillian did not allege that he was under imminent danger of


    serious

    physical

    injury,

    and

    dismissed

    pursuant to 28 U.S.C. 1915(g) (2012).

    him

    from

    the

    action

    We have reviewed the

    record, including the dismissal orders identified as qualifying


    strikes pursuant to 1915(g), and find no reversible error.
    Accordingly, we affirm McMillians dismissal from the suit for
    the reasons stated by the district court.

    See McMillian v.

    Harrison, No. 5:13-ct-03259-D (E.D.N.C. Mar. 4, 2014).


    The district court later dismissed without prejudice
    the claims raised by LaFace.

    On appeal, we confine our review

    to the issues raised in the Appellants brief.


    34(b).

    See 4th Cir. R.

    Because neither the informal brief nor the supplemental

    informal brief challenges this aspect of the district courts


    disposition,

    LaFace

    has

    forfeited

    courts order.

    appellate

    review

    of

    the

    Accordingly, while we grant leave to proceed on appeal


    in forma pauperis, we affirm the district courts judgment.
    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    AFFIRMED

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